For most of us, it is easy to be prepared to go to a new doctor’s appointment. We generally know what the doctor wants to know (our medical history) and what brings us to the doctor in the first place (a routine checkup to a lingering pain or bump). On the other hand, most people really do not know what to expect when they first seek an attorney for an auto accident, divorce, or criminal matter. Just the thought of needing an attorney and making an appointment can be overwhelming and create anxiety. Know in an initial consult, the attorney ...
Tag: due process
October 17, 2018CD
Today, more than ever, children are being raised by third parties, including step-parents. When the non-custodial, biological parent does not stay involved in his/her child’s life, this often leads the step-parent (and child) to want to adopt. If the other biological parent is deceased or consents to the adoption, there is no legal barrier to prevent the adoption (assuming the other statutory requirements for adoption are met, such as having a home study). This blog address when a (living) biological parent’s consent is not required for the adoption filing, the biological parents right to contest his or her lack of ...
August 15, 2018CD
All final orders issued from Indiana trial courts may be appealed as a matter of right. Most appeals first go to the Indiana Court of Appeals. The appeal process is all done by written briefs based on the record (testimony and exhibits) from the trial court that decided the issues. In most cases, trial attorneys defer to those who routinely practice in the appellate realm to prepare the appeal. This means you most likely change counsel. In an appellate consult with a new counsel, there are several things you need to gather to make the most of your time with ...
June 12, 2018CD
Each year, thousands of protective orders are issued in cases involving certain domestic relationships. Some are tactical weapons to advance illicit objectives; most have merit. Protective orders may have profound implications for work and core civil liberties, such as the right to keep and bear arms. A proven violation can result in a fine, contempt of court charge, and criminal charge. While most of this is somewhat common knowledge now that the Indiana Civil Order Protection Act has been in force for a number of years, all laws are clearly evolving with the needs of the time. One question that is ...
August 17, 2017CD
Perhaps any seasoned civil or criminal trial attorney has had (or heard about) the horror story case where his or her client (now potential criminal defendant) did not understand that the right to remain silent1 applies in all places, at all times, and to all statements where it could later result in criminal charge. Silence is priceless. This blog post addresses three areas you must know and understand where you, a citizen, would be better served by consulting a defense attorney before “talking” (and why). First, in any proceeding, civil, regulatory, administrative, and, of course, criminal (i.e., a police officer knocks ...
May 31, 2017CD
Having a contempt petition (sometimes called a rule to show cause) filed against one in a civil or criminal case is generally unsettling. What is the purpose? Generally, civil and criminal contempt is the legal process by which trial courts enforce their orders and/or maintain decorum in the courtroom. A key and relatively recent Indiana case, Stanke,1 has refined civil contempt and it, along with the array of contempt types and proceedings, is addressed in this blog post. The first (and least common) type of contempt is direct contempt.2 This has multiple components. Most broadly, direct contempt is the stuff of ...
April 11, 2017CD
In polling a room full of people who have experienced divorce, some will contend their ex-spouse is "crazy". Part of this is gallows humor and a way to cope with this past or present stressor; there are those for whom the situation will be a reality. This blog post addresses divorce and mental health statistics means to obtain a diagnosis or assessment under the law, and key implications for the divorcing parties. First, divorce itself is now recognized as a traumatic experience and possible cause of an identity crisis; in the scenario of high-conflict divorce, it may even be such a ...
March 17, 2017Adam Hayes
Under Appellate Rule 9, a party generally has the right to appeal a final judgment to the Indiana Court of Appeals. This order is the one that decides the case. However, an appeal has some very key limitations that are easy to misunderstand and miss when deciding to appeal. This blog post covers three important such issues that generally cannot be waived on appeal. First, if key evidence is not introduced at trial (for whatever reason) it cannot be in some way supplemental for the appeal. The appeal is limited to the testimony and exhibits admitted at trial. In criminal cases, ...
December 14, 2016Adam Hayes
There are many legal considerations in taking an appeal from a trial court’s final order to the Indiana Court of Appeals. In this blog post, three of the most basic considerations for appeal are considered to illustrate the obvious—but not often thought of—components of an appeal. The first is the time to prepare an appeal. On appeal to the Indiana Court of Appeals, this Court considers the written word for word account of the witness testimony. In addition, it considers exhibits. This requires the proceeding to be typed out - witness by witness. Thus, it takes about three months for this to ...
May 19, 2016Adam Hayes
Indiana’s appellate court’s are adapting with the times and requirements for open access to courts as guaranteed by the Indiana Constitution. Appeals to the Indiana Court of Appeals, Indiana’s primary intermediate court are made uniform to expedite the appellate process and ensure uniformity in review on-line and in paper format by the Clerk issuing a “Notice of Defect” for briefs that other filings that do not closely follow the Appellate rules. In this blog post, common defects are discussed and what they mean in terms of the appeal and corrective action. As a threshold matter, the Indiana Court of Appeals exists ...
February 10, 2016Adam Hayes